annie__song

I need help!!!!Please help me!!!

I am an applicant in China! Oh, I'm crazy now and I really don't know how I can do for my family!
I received refusal letter one month ago from my agent. I cried at that moment, but i realized that was not effective. So, I went to my agent home ASAP to find whether I can be rescued.

I don't want to say anything about my agent's fault, but it's true.
1/ he did't indicate the points of bonus point at 47SK of 70 points test but at 71 option, he selected capital investment.
2/ because of this, when he realized he had made the fault, he thought we have to send Competent of Ielts.
Unfortunately, he didn't tell us the truth. We always considered we have got V of Ielts to satisfy AU immigration office demand and we just need to wait the policy of investment reopening. Meanwhile, I took part in the Ielts test at all times although I have taken 4 times V but no C.

In the first Request Letter by 10 April 2008, case officer (SNIP) need us to send English Language Ability, the Testing Reason is C. Similarly, on 28 Oct 2007, (SNIP) sent the application the reminding of the IELTS Testing Reason is still C.
I think that's why my agent did not to send my V test result to the officer, he scared we will be refused.

Terribly, on 15 Dec 2008, in the refusal letter, the officer gave the reason is Requirements not met: Vocational English

On 05 Sept 2007, my agent have provided Form 1193 to ASPC for changing the authorized mail address. but the officer still sent my letter to the previous mailbox, that why my ag told me the terrible news one month later.

By now, my ag has sent the letter to explain discrepancy.

following my agent letter
1. On 28 Oct 2007, (SNIP) sent the application the reminding of the IELTS at
Wang Testing Reason C

and that is why the main applicant has struggled in the IELTS for 5 times just to meet the requestment.
Unfortunately, the poor applicant only ontained his IELTS at V. I attached the guy's IELTS outcomes for reference.

2. On your refusal letter, you advised

On 10/04/2008 this office requested the applicant to provide the results of an IELTS test as evidence of having vocational English language ability.

Obviously, there was discrepancy occurred.

The fact is the main applicant has vocational English. I did not provide IELTS score was in order to avoid the answer to C-level request from (SNIP).

Now, the bonus of investment is re-allocated so the applicant would pay the investment for the bonus.

I just write you for the little probability, as I can see, for the reason the applicant is worth sympathized.


But the officer replied that he had given me time.
I do think it's a discrepancy and i worth sympathized, all of those is not my fault.

what can i do? I need your help!!!! please give me suggestion or if you know who can help me to get ride of mess, please tell me i will appreciate!!

Zambia

Annie I cant help you but I would remove the personnal names from this post.

Sorry to hear about your trouble but posting your CO's name on a public forum is not a good idea..

annie__song

I need help!!!!!

Bermudashorts

Really sorry, you are obviously very distresed but I am afraid I could not understand your story properly due to the poor English. This is possibly why nobody has answered yet and I think I can understand the immigration response. Can you work on improving your English, retake the IELTS and reapply?

Pollyana

As you already have an agent you are unlikely to get much help from other agents on the public forum, for professional reasons. I would suggest that you need to consult another agent privately.

Dorothy

As your application was for a 136 or 175 visa there is unfortunately no right of appeal of the decision. If you feel your agent acted inappropriately your first step is to let them know in writing what you feel was the problem. If they are MARA registered you can lodge a complaint with MARA. If not, then you really have no recourse.

As has been suggested, you can study some more and re-take the IELTS test to improve your English and get better results. You can then reapply either on your own or using the services of a MARA registered agent. If you are not comfortable communicating with an agent in English there are many who are fluent in some of the Chinese languages. This is a list of registered agents in China. http://www.themara.com.au/Online/ARS...asp?DeptID=140

husaing

Hi,
What I have not been able to understand here is that how were you able to apply without having a "valid" IELTS score in your hands? I mean, your agent must have asked you to take an IELTS exam before starting the application process, specially when you are not from 5-6 english speaking countries. I think this was very unprofessional on your agent's part and very foolish on your part to start application process without having the proof of eligibility. Still, I feel that you must lodge a complaint against him/her if possible.
Thanx
Husain

fifty_pence

You didn't need to have your valid IELTS score at the time of lodging before Sep2007 changes were introduced.

welshtony

Hi Annie

Obviously your agent should know if Vocational or competent English is required. Maybe he was confused by the fact that he did not fill in the points at question 70 but if he indicated that investment was to be made at Question 71, this would be enough for Vocational English plus Investment.

I would recommend you contact George Lombard direct as there may be an argument that as they requested Competent English in a reminder the decision could be re-looked at. the reason they changed to requesting competent English was to give you the opportunity of qualifying for teh visa without the investment, which was suspended at that time.

Regards


Tony Coates
MARN 0635896

annie__song

THANKS FOR YOUR reply!!!
my agent has written to VO, but not receive any reply!! maybe my VO don't want to answer any questions from a refusal applicant!!

I think in my case I am innocent. the mistake should be put right.

my agent and my VO those of them have taken the mistake, how can I take the right action even to sue!!

Dorothy

If you mean CO (case officer) when you say VO then no, they are not likely to reply. Your file has been decided and as I said in my previous post there is no right of appeal on a 136 or 175 visa.

Tony has given you the advice to contact George Lombard in Sydney for help. If you feel it was a mistake, it probably was a mistake on the part of your agent and not DIAC, who clearly asked several times for your proof of Vocational English, which was never provided.

Who exactly is it that you want to sue? DIAC or your agent? As I also asked previously, is your agent MARA registered or not?

annie__song

thank you very much!!!
I have to say DIAC who firstly asked me to provide Competent English and sent all letter to a obsolete email address had made the mistake, and my agent who registered in MARA also made the fault at first!! the most important reason which lead to my tragic is the policy of investment which has been closed!
Could you tell me the email of George Lombard??

Jaycee1

Registered Migration Agent No 9681945

George Lombard BA, LLB (Hons)
Phone: +61-2-97990085
Fax: +61-2-97972170

E-mail: [email protected]

Good luck,
J x